Draft Skills Development Amendment Bill Published for Comment

Department of Higher Education and Training
A draft Skills Development Amendment Bill has been published for comment.
It can be found in notice 228 of Government Gazette 34222 dated 15 April 2011, with the deadline for comment set at 21 days from the gazette’s publication date. See attachment below.

Inter alia, the draft bill seeks to provide for:
• the prohibition of a board member of a Sectoral Education and Training Authority (SETA) from conducting business with the SETA concerned;
• the disclosure of a conflict of interest on the part of a SETA board member; and
• issues not addressed when the act’s statutory functions were transferred from the minister of labour to the minister of higher education and training, including:
- mergers, dissolution and closure;
- incorporating a subdivision of one SETA into another;
- annual service level agreements and business plans;
- the appointment of board members and chairmen; and
- SETA constitutions.
The draft bill also proposes deleting from Skills Development Act 97 of 1998:
• the definition of ‘employment services’;
• sections 2(a)(g) and (h), pertaining to employment services;
• section 2(2)(a) v, vii and vii, pertaining to labour centres and accredited trade test centres; and
• section 36 (o), (p) and (q), pertaining to private employment services agencies.
Once enacted, the proposed amendments will repeal sections 23, 24, 25 and 26K to 26N of the act – together with schedule 4.
Sections 23 to 25 of the act pertain to employment services, while sections 26K to 26N and schedule 4 pertain to Productivity South Africa.
Also published for comment in notice 228 of Government Gazette 34222 are:
• the Further Education and Training Colleges Amendment Bill; and
• the Higher Education Laws Amendment Bill.
Both draft amendment bills seek to address governance issues.
The deadline for comment on each is 21 calendar days from the date on which they were gazetted.


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Hi Des, No this is the correct attachment - the Skills Development Bill starts half way through page 45 on the PDF and page 47 of the Gazette.  It makes a number of changes which mirror the previous proposals on the other labour legislation and makes a number of changes to the management of Setas, the Constitution, the various committee structures, etc.

Des Squire said:

Hi Alan

I think this is the wrong attachment??

Thanks Sylvia

I only had a look at the title and made the incorrect assumption - apologies. enjoy the day.

No problem Des - quite understand.  Alan and I have now decided that whenever there is a public holiday or long weekend, we will make a special effort to check for government gazettes, as it's now become practice to publish these bills just before a public holiday or long weekend.

Hi Alan


Could you please advise if you have any confirmation if Organised labour or Business, the ASDFSA or any other professional body is is commenting or responding to the draft  Skills Development Amendment Bill?


SSPF Chairperson: :Lyn Mansour

I don't have any official confirmation. I have just heard that the ASDFSA and BUSA will be, but I haven't got details.

Thanks Alan, please keep us posted.

In the interim, if I receive confirmation, I will post a notification.

SSPF Chairperson: Lyn Mansour

Alan Hammond said:

I don't have any official confirmation. I have just heard that the ASDFSA and BUSA will be, but I haven't got details.


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